SAMUEL FRANCIS TIRKO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the fingerprint evidence sufficiently established identity and the undisputed amount taken met the statutory requirement for grand larceny.
Appellant was charged with breaking and entering with intent to commit grand larceny and grand larceny. The trial court found him guilty based on fing…
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Appellant was informed against for breaking and entering with intent to commit grand larceny (§ 810.02, Fla.Stat., F.S.A.) and grand larceny (§ 811.021). On trial without a jury he was found guilty. Judgment and sentence followed, and he appealed. His two contentions have been considered and found to be without merit. The finger print evidence sufficiently met the requirement that where it is relied on to establish identity, the circumstances must be such that the print could have been made only at the time the crime was committed. See Annot. 28 A.L.R.2d 1115, 1150-1155; 3 Wharton’s Criminal Evidence, § 982 (12th ed. 1955). The court could have so found on the evidence presented. Undisputed evidence that the amount of money taken was $170 met the need to show a taking of more than $100 under the information.1 Lang v. State, 42 Fla. 595, 28 So. 856; 32 Am.Jur., Larceny, § 139.
Affirmed.
On Petition for Rehearing.
The petition calls attention to the reference in our opinion to the trial as having taken place before a jury, whereas the defendant was tried before the court without a jury. The opinion has been corrected accordingly. The petition for rehearing is denied.
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Cited By (29 total)
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Anibal Jaramillo v. State, 417 So. 2d 257 (Fla. 1982)…ble explanation as to how his fingerprints came to be on these items in the victims’ home. The State failed to establish that Jaramillo’s fingerprints could only have been placed on the items at the time the murder was committed. Cf. Tirko v. State, 138 So. 2d 388 (Fla. 3d DCA 1962). The evidence the State introduced at trial showed that on December 2, 1980, police were called to a residence in Dade County where they discovered the bodies of the two victims. Each victim had been shot in the head three times.…
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State v. Primus Hayes, 333 So. 2d 51 (Fla. 4th DCA 1976)…he Information inasmuch as the state has not shown, from the scant stipulated facts, that the defendant’s fingerprints could only have been made at the time the crime was committed, Knight v. State, 294 So. 2d 387 (4th DCA Fla.1974); Tirko v. State, 138 So. 2d 388 (3rd DCA Fla.1962). We offer these thoughts with reference to the facts: 1.It was not shown whether the print was found on the inside or outside of the window. 2. It was not shown whether the jalousie window was at the place of entry. 3. It was…
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Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982)…dence is the sole evidence relied upon to establish that the defendant was the perpetrator of the crime, it is said that “the circumstances must be such that the print could have been made only at the time the crime was committed.” 2 Tirko v. State, 138 So. 2d 388, 389 (Fla. 3d DCA 1962). The determination of whether the circumstances are such that the print could have been made only at the time the crime was committed is to be made by the fact-finder, Roberts v. State, 268 So. 2d 578 (Fla. 3d DCA 1972), prov…
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- Lang v. State, 42 Fla. 595 (Fla. 1900)